Traps in the digital landscape – who is more at risk?

We’ve all been there.

You’re about to click ‘opt out’.

But a small strapline under the box you’re hovering over says something like:

‘No, I don’t want to receive personalised offers and access to a range of exclusive savings.’

Instinctively many of us may pause to think: ‘hang on a minute, do I really want to miss out?’

The term ‘confirm shaming’ is used to describe this deceptive pattern. It was coined by Dr Harry Brignull, the author of ‘Deceptive Patterns – Exposing the tricks tech companies use to control you’.¹

These deceptive patterns can lead consumers to make decisions against their best interests.

The impact of deceptive patterns is foreseeable

With advances in the field of behavioural science, firms have more information than ever before about customer decision making. Under the Consumer Duty, firms are expected to harness behavioural science to prevent foreseeable harm such as that caused by deceptive patterns.

All consumers are at risk of harm from deceptive patterns. However, some groups might be more at risk.

Removing deceptive patterns will be beneficial for all customers – but especially for those with characteristics of vulnerability.

Who might be more at risk?

These are two main factors that affect how impactful deceptive patterns are on people.²

1. Social and environmental factors

A person’s background significantly influences their online behaviour. Studies have shown that those with lower educational levels may be more vulnerable to deceptive patterns. A study carried out on American adults in 2021 found that less-well educated individuals were more susceptible to mild deceptive patterns than those who had higher levels of education.³

There is a link between lower educational levels and lower reading age as an adult.⁴ The National Literacy Trust reports that 1 in 6 adults in England has the reading age expected of an 11-year old. This makes reading complex copy a barrier to understanding. Overly complex wording that makes no effort to write clearly and simply can be considered a deceptive pattern.

Similarly, those with lower incomes may be more likely to access websites on smaller devices, like a mobile phone screen.⁵ This increases the chances of missing key information if it’s not displayed prominently, or if webpages aren’t adapted for mobile use. 

Recognising these challenges, firms can use clear and simple language and ensure that key information is easily visible and navigable on all devices to better support these users.

2. Behavioural factors

Temporary emotional states and longer-term behavioural conditions can also impact vulnerability. For example, after a long day at the office, any customer might overlook detail hidden in the small print or make snap decisions on a provider’s site.

The temporary state of tiredness can affect the cognitive bandwidth we have to devote to certain tasks, and make us more likely to slip up. But people with conditions like ADHD or anxiety may face less transient risks because their characteristics make them more vulnerable to deceptive patterns.

Those with ADHD often present heightened levels of impulsivity.⁶ We might therefore expect them to be more susceptible to journeys with limited friction and high-risk decisions. Adding layers of positive friction is one way for firms to combat this.

What should firms be doing?

Firms will recognise that there are overlaps with these two factors. Customers who are on lower incomes may be more likely to be tired, stressed and anxious. These may not be temporary states but a more permanent fixture of daily life for those in challenging financial circumstances.

Taking a step back, it’s important to acknowledge the breadth and diversity of the customer base, and the fact that real human experience can’t be neatly categorised.

However, what firms can do is to use what information they do have to identify these ‘at-risk’ groups and take actions to mitigate the potential harms they face.

• Simplify language to make sure readers from all educational backgrounds can understand your communications.

• Enhance the transparency of web design so all readers can access key information, no matter what device they are using.

• Implement positive friction where customers need extra support to slow down and understand the implications of a decision.

• Adapt communication channels to reach customers who may have additional needs.

• Continue to monitor and test to understand user behaviour and reveal potential vulnerabilities in the customer base.

¹ ‘Deceptive Patterns: Exposing the tricks tech companies use to control you’, Harry Brignull.

² ‘Who is vulnerable to deceptive design patterns? A transdisciplinary perspective on the multi-dimensional nature of digital vulnerability’, Arianna Rossi et al.  

³ ‘Shining a light on dark patterns’, Luguri, J. and Strahilevitz, L. J.

⁴ The Centre for Education and Youth The-relationship-between-reading-age-education-and-life-outcomes.pdf.

⁵ ‘Shining a light on dark patterns’, Luguri, J. and Strahilevitz, L. J.

⁶ Attention deficit hyperactivity disorder (ADHD) - Symptoms - NHS.